Wilke v. City of Ballinger

Appellants, J. H. Wilke and wife, sued ap-pellees, the city of Ballinger and its officials, for specific performance of the city’s written contract to purchase 136 acres of land for use in its waterworks system; and on ex parte hearing obtained an order restraining appel-lees from proceeding to condemn a part only of the 136 acres pending final judgment in the main suit. The temporary injunction was dissolved on a full hearing of appellees’ motion, which action we sustain.

The appraisers appointed by the parties failed to reach and file a written unanimous report fixing the price to be paid…